Law: Customs Act, 1969

Section: 6

Customs Act (IV of 1969)--Ss. 6, 156(1)(8)(89), 168(2), 171 & 180---Constitution of Pakistan (1973), Art.185(3)---Three thousand tolas of gold belonging to petitioner having been recovered from vehicle driven by the petitioner, case under S.156(1)(8)(89) of Customs Act, 1969 was registered against 'him and recovered gold with vehicle was confiscated and penalty was also imposed on the petitioner---Appeal filed before Customs Appellate Tribunal and Special Customs Appeal filed by the petitioner had been dismissed by the High Court---Contentions of the petitioner were; that Traffic Police Inspector having not been notified as Customs Officer under S.6 of the Customs Act, 1969, he was not empowered to search the vehicle and make seizure of gold; that no notices under Ss.168(2), 171 & 180 of Customs Act, 1969 had been given which were mandatory requirement of law, the action on the part of Police and Customs Authorities including the adjudication proceedings, were illegal and that neither the recovered gold was proved to have been smuggled nor said questions of law were properly considered by the High Court in appeal and in constitutional petition---Contentions raised by the petitioner had sufficient force to be considered; leave to appeal was granted to consider the contentions of the petitioner. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---These connected petitions arising out of the judgment dated 7-10-2003 passed by a learned Division Bench of High Court of Sindh, Karachi whereby the Constitutional Petition No.D-961/1993 and Special Customs Appeal No.61 of 1998 involving common question of law and facts, have been disposed of together. 2. The short facts leading to these petitions, are that traffic police having intercepted a vehicle being driven by Mitho driver of the petitioner on the highway, recovered 3000 tolas of gold belonging to the petitioner from the vehicle which was being taken to Mirpurkhas. In consequence thereto, a case under section 156(1) (8)(89) of the Customs Act, 1969 was registered and on completion of investigation, challan was submitted against the petitioner and his co-accused for the trial before the Special Judge (Customs and…

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